Lawton’s private client department was first approached by a concerned individual struggling with the paperwork they had received from the courts regarding a speeding violation.
Andy Hobdell, our Senior Solicitor and Partner based in our London office, was entrusted with the case. His meticulous examination of the documentation swiftly revealed that due to previous endorsements on our client’s driving record, they faced a six-month disqualification, known as a “totter.”
When someone gets 12 penalty points on their licence, a driver is liable to be disqualified from driving unless the court is persuaded to exercise its judicial discretion not to do so. However, this can only be in exceptional circumstances.
The prospect of potentially being disqualified came as quite a shock to our client, who was heavily reliant on their car for daily tasks. Mr Hobdell took the time to go through her circumstances and identified a potential argument to support the case that exceptional hardship would be caused if she were to lose her licence.
If this was a success, then the court would have the discretion to either reduce the disqualification period or not even disqualify her at all. After taking full instructions and obtaining supporting documentation, we attended Lavender Hill Magistrates Court.
During the hearing, Mr Hobdell passionately championed the cause of exceptional hardship, bolstered by our client’s compelling testimony. After a comprehensive review of the presented evidence, the Magistrates found that the exceptional hardship argument was proven, and as a direct consequence of this, were not going to disqualify our client.
Our client was enormously relieved to be able to retain her licence and, in her review, commented, “Fantastic support, professional and reliable, I highly recommend”.
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